Digital media asset identification system &amp; method

ABSTRACT

The present invention provides a system and method for identifying and transferring digital media assets within a system through the use of identification data. The identification data is applied to each transferred copy and includes data specific to the customer and digital media asset. To facilitate transfers and ease of use the digital media assets can be made DRM-free.

CROSS REFERENCE TO RELATED APPLICATIONS

This application is a continuation of U.S. patent application Ser. No.13/603,372, filed Sep. 4, 2012, which is a continuation of U.S. patentapplication Ser. No. 12/103,591, filed Apr. 15, 2008, which is acontinuation of U.S. patent application Ser. No. 10/016,325, filed Dec.10, 2001, now U.S. Pat. No. 8,001,052, the disclosures of which areincorporated herein by reference of their entireties.

FIELD OF THE INVENTION

The present invention relates to the tracking of digital assets over anetwork, and more particularly to marking of a digital asset to link aunique asset serial number to transaction, license, and rightsmanagement information.

BACKGROUND OF THE INVENTION

Historically distribution of intellectual property works has beencontrolled through the production of quality reproductions on a mediumthat can be sold to interested parties. With the advent of the Internetand its subsequent distribution capability and broad acceptance,intellectual property assets that can be digitized can now be reproducedand distributed without quality degradation or compensation to therights holders. New systems for controlling the distribution, royaltypayment, and terms of use for these assets are being created to bettertake advantage of and mitigate the disadvantages of this new medium.

As a first step many rights holders have begun to add digital watermarksto their assets. Assets are then distributed in a variety of ways tocustomers who have paid for them. When an asset is encountered inquestionable circumstances, the watermark is identified and the user isasked to produce proof of purchase for that asset or face consequences.These watermarks are applied at the time the digital asset is createdand used for identification and enforcement purposes. Unfortunately, theuse of watermarks alone is not sufficient to ensure that transfers ofdigital assets are properly accounted for.

Another approach has been to encrypt assets before distribution. Beforethe asset can be used, the purchaser must acquire a key to unlock theasset. This places a great demand on customers and runs the risk ofincreasing frustration levels. This also requires secure key managementthus shifting the problems to another asset that must be managed.Encrypted assets have been popular among rights holders but to date havenot been widely accepted by customers.

Some rights holders are establishing new media formats that containmechanisms to control usage. Such distribution methods can controlnumbers of playbacks and still be portable for use on properly equippedmachines. For the consumer this means adopting new (and potentiallyincompatible) media formats, technology, and hardware. This approachrequires a high degree of industry adoption and customer basepenetration to be successful.

As a method of preventing copies from being pirated, some systems aretrying to establish a market for streaming assets. This allows for acontrolled one time delivery and use of the asset by the customer. Atpresent customers have not fully adopted this medium for a variety ofreasons. In particular, it lacks the convenience of portability andplayback and as yet paying for subscriptions has not proved a popularmodel.

Accordingly, there is clear and compelling need for an improved systemfor introducing, distributing and tracking digital assets in a mannerthat balances the needs of rights holders and end users. In addition, itwould be extremely desirable to allow peer-to-peer transfer (orcontrolled centralized distribution) of assets in formats that arealready widely adopted and popular while identifying payment and usagerestrictions at the time of transfer.

SUMMARY OF THE INVENTION

A primary object of the present invention, therefore, is to provide animproved system and method that overcomes the aforementioneddisadvantages of the prior art;

A further object of the present invention is to provide a system andmethod for permitting rights holders to introduce digital assets into acontrolled distribution/tracking network under suitable terms of use andother customized, flexible distribution conditions;

A further object of the present invention is to provide end-users andother consumers of digital content with an easy, flexible and relativelytransparent environment for locating, securing and enjoying digitalassets of interest;

A related object of the present invention is to ensure that such digitalassets are substantially backwards compatible with the large existinginfrastructure of installed hardware devices/software that play anassortment of digital content, such as MP3 players, MPEG 2 players,etc., so that users do not have to make additional investments inproprietary hardware and software;

Another object of the present invention is to provide a digital assetmanagement system and method that tracks transfers of digital assetswithin a network, so that terms of use compliance issues, accountingissues, etc., are transparently and accurately recorded;

A related object is to provide a tracking mechanism and method thatrelies primarily on creating separate instantiations of a digital assetto facilitate tracking of the latter;

Still a further related object is to provide a tracking and accountingsystem and method that is reasonably robust and trustworthy so as toovercome rights holders doubts and uncertainties concerning the use anddistribution of their products;

Another related object is to reduce the need for cumbersomeencryption/licensing procedures which inhibit user interaction and thusthe potential market for distribution and enjoyment of digital assets;

Yet another object of the present invention is to ensure that a trackingsystem and method is sufficiently flexible to accommodate a variety ofdifferent digital content media, and a variety of different computingplatforms used by end users;

A related object of the present invention is to provide users with apeer to peer environment for exchanging digital assets, to ensure that adistribution system is compatible with existing practice, tastes andpreferences;

It will be understood from the Detailed Description that a number ofdifferent unique inventions are presented by the present disclosure,each of which can be implemented in a multitude of differentembodiments. Furthermore, it will be readily appreciated by skilledartisans that such different embodiments will likely include only one ormore of the aforementioned objects of the present inventions. Thus, theabsence of one or more of such characteristics in any particularembodiment should not be construed as limiting the scope of the presentinventions.

In accordance with one aspect of the present invention, a digital assetis marked with a unique serial number using steganographic techniques atthe time the asset is introduced into a system. The digital asset isalso marked with a new unique serial number each time it is transactedwithin the system.

In accordance with another aspect of the present invention the serialnumber is recorded in databases where it is linked to specifics aboutthe time and parties involved in the transaction as well as additionalinformation such as details of ownership, royalties, and terms of useassociated with the digital asset.

Another aspect of the present inventions concerns a system fordistributing digital assets in a peer-to-peer connectable environmentacross a network, including between a first peer network device and asecond peer network device connected to the Internet. The systemincludes a first rights-holder server coupled to the network and adaptedto introduce a digital asset into the peer-to-peer connectableenvironment. The digital asset audio, video, picture and/or text baseddata associated with a first set of distribution rules, which in apreferred embodiment, are not static, and can change from transfer totransfer. A second host server is coupled to the network, and suchserver stores and distributes the digital asset to end users. A thirdmanagement server is also coupled to the network, and it is adapted totrack transfers of the particular digital asset over the network and togenerate tracking records associated with such transfers. With thisarchitecture, transfers over the network involving the digital asset,including between the first peer network device, the second peer networkdevice and/or the second host server are all processed in accordancewith the desired first set of distribution rules set out by the rightsholder.

This architecture ensures security, compliance, and accountability foreach instantiation of the asset. Furthermore, it enhances user ease ofuse since the customer peer network device can obtain the digital assetfrom the second peer network device and/or the second host server, andwithout requiring further authorization from the first rights-holderserver. Thus, transfers of the digital asset are also performed in apeer to peer fashion over the network.

In a preferred embodiment the digital asset is modified for eachtransfer, and this modification is used by the third management serverfor generating the tracking records. Again, the modification does notalter user-perceptible content of the digital asset. Further in apreferred embodiment, the modification constitutes an original oraltered identification label (serial number) for the digital asset sothat each transfer of the digital asset is associated with a uniqueidentification label. Furthermore, to assist the tracking of the digitalasset, a separate and new instantiation of the digital asset is createdfor each transfer occurring over the network between peer devices.

The first set of distribution rules include indexing information, termsof use, and a location of the second host server to facilitatetransfers. The digital asset can also be encrypted to reduceunauthorized transfers over the network in a manner similar to that usedin prior art systems.

Another aspect of the present inventions is directed to a rights holdersystem for introducing digital assets into an electronic networkdistribution system. The system includes a first computer coupled to theelectronic network distribution system, which again, includes theInternet. A client/server software module includes software routines toperform at least the following operations: (1) receiving and storing adigital asset on the first computer; (2) processing administrationinformation for the digital asset, including an asset identifier and arights-holder identifier, and associating the same with the digitalasset; and (3) interacting with a digital asset management system togenerate a modified version of the digital asset. The modified versionof the digital asset is based on the administration information andtracking history information provided by the digital asset managementsystem. Thereafter the modified version of the digital asset is postedto any one or more locations suitable for download by the peer devicesfrom the electronic network distribution system. Accordingly, themodified version of the digital asset is configured so that a trackinghistory can be maintained by the digital asset management system of eachtransfer of separate instantiations of the digital asset between peerdevices coupled to the electronic network distribution. This formattingof the digital asset, therefore, allows it to be securely but easilytransacted at later time, and with a varying set of distribution rules.

The administration information includes, among other things, terms ofuse and expiration data for the digital asset. Furthermore, theadministration information can include a set of distribution rules thatcan be changed so that later instantiations/transactions of the digitalasset within the electronic network distribution system can becontrolled on a transaction by transaction basis.

The rights holder system is further configured to receive accountinginformation from the digital asset management system, including: (a)information concerning the number of instantiations of the digital assetcreated by transfers within the electronic network distribution system;(b) revenue derived from and/or to be credited for the transfers.

A further aspect of the present invention is directed to an improvedsystem for exchanging digital assets over a network in a peer to peerfashion including a first computer coupled to the network, the firstcomputer storing a digital asset which includes both digital content anda first unique identifier associated with a first instantiation of thedigital asset; and a second computer coupled to the network. A firstsoftware routine executing on the first computer and/or the secondcomputer is adapted to coordinate transfer of the digital asset to thesecond computer. By creating a second instantiation of the digital assetfor the transfer to the second computer, including a second uniqueidentifier, peer-to-peer transfers can be accommodated and yet stillaccounted for properly.

If either of the two client devices thereafter elects to host thedigital asset, a second transfer of the digital asset can occur fromeither the first computer and/or the second computer, the secondtransfer further using a third instantiation of the digital asset and athird unique identifier. In a preferred embodiment, the client computerdevices can include a portable electronics device, a personal computer,a personal digital assistant, and/or a telephone, and the digitalcontent of the digital asset includes an MP3 based audio file.

In another variation, the second unique identifier is based on combininginformation from any one or more of the following: a first id for thefirst computer, a second id for the second computer, an asset id for thedigital asset, a customer id, a randomly generated number and/or a timeof the transfer.

To increase the utility of the system, a catalog of available digitalassets is maintained at the first computer; this catalog may be based ona centralized database of items, or may reflect only items available innearby download locations. Thus, the second computer can poll othercomputers coupled to the network to determine an optimal transfer sourcefor the digital asset.

Preferably, before any assets are transferred, an authorizationroutine—adapted to secure agreement from a user of the second computerto access terms associated with the digital asset—is first executed.

Also in a preferred embodiment, a setup routine is executed for the enduser. This routine is adapted to set up a transaction account with adigital asset management system separate from the first computer and thesecond computer. The user's transaction account includes an identifierfor a user of the second computer, identifiers for any transfersperformed by the user, and billing information associated with thetransfers.

In a further variation, the first computer can also elect to performhosting functions, and thus receive credits from the digital assetmanagement system for all authorized transfers made of digital assets.

Another aspect of the present invention is directed to a system formanaging transfers of digital assets over a network. This aspectincludes a management computer coupled to the network (Internet) andsupported by a variety of software modules and file structures includingtracking databases. A first software routine executing on the managementcomputer prepares a digital asset for transfer over the network inaccordance with a set of distribution rules (preferably provided by arights holder). A modified version of the digital asset is generated bythe first software routine including a unique identification numberassociated with a first instantiation of the modified version of thedigital asset. A second software routine executing on the managementcomputer tracks transfers of the digital asset over the network, bycorrelating a separate instantiation of the digital asset created foreach transfer occurring over the network.

In this fashion, transfers of the digital asset can take place in apeer-to-peer manner over the network in coordination with the managementcomputer and such that a complete tracking history for the digital assetis maintained by the system. To assist in locating and transferringdigital assets, electronic indexes and catalogs are provided by themanagement computer.

Preferably, the set of distribution rules are provided by arights-holder management system, and include restrictions on terms ofuse and time periods of use. The set of distribution rules includeinformation on title, author, and identification numbers for the digitalasset.

In a preferred embodiment, the unique identification number is a serialnumber embedded into the first instantiation of the modified version ofthe digital asset using a steganographic process. To facilitate trackingof later transfers, a subsequent unique identification number used for asecond instantiation of the digital asset. In some applications thesubsequent ID can be derived in part from the unique identificationnumber.

Further in a preferred approach, the first software routine uses anindex to further identify network accessible locations available fortransfers of the digital asset.

In another variation, an accounting routine is used by the digitalrights management system for performing accounting functions inconnection with the transfers, including crediting of rights holdersaccounts, crediting of transaction host accounts, and/or debiting ofuser accounts.

In still another variation, a monitoring routine performs authenticationoperations on digital assets stored and/or transferred between clientsystems over the network. The authentication operations include adetermination of an embedded serial number of a digital asset and anidentification of a last authorized transfer of the digital asset.Depending on the findings of such monitoring routine, adjustments can bemade to a user account, including access privileges, to ensurecompliance with the terms of use and other distribution rules.

Further in a preferred embodiment of this aspect of the invention, atracking database keeps a tracking history for the digital assets,including all transfers over the network. This history can be derivedfrom the unique identification (serial) number embeddedsteganographically within certain portions of the digital asset. Tofacilitate locating the embedded serial number, an offset can becomputed and stored in a header or other portion of the digital contentfile.

In a preferred implementation, therefore, distributions of the digitalasset over the network are not preconditioned on securing authorizationfor individual copies of the digital asset.

Other aspects of the present invention are directed to novel andimproved methods of introducing, transferring, tracking and managingdigital assets across a network, including in a peer to peer connectableenvironment.

These include a method of distributing digital assets in a peer-to-peerconnectable environment across a network, including between a first peernetwork device and a second peer network device, which includes thefollowing steps: (a) introducing a digital asset into the peer-to-peerconnectable environment, the digital asset having an associated firstset of distribution rules; and (b) storing and distributing the digitalasset at a first network accessible location so that a transfer of thedigital asset can be made by the first peer network device and/or thesecond peer network device; and (c) generating a tracking recordassociated with the transfer; and (d) repeating at least step (c) forany subsequent transfers of the digital asset within the network.

In accordance with this improved transfer methodology the initialtransfer, as well as any of the subsequent transfers over the networkinvolving the digital asset between the first peer network device, thesecond peer network device and/or the first network accessible locationare processed in accordance with the first set of distribution rules andare associated with tracking records.

In addition another aspect of the invention concerning a method ofintroducing digital assets into an electronic network distributionsystem includes the following steps: (a) receiving and storing a digitalasset on a first computer coupled to the electronic network distributionsystem; and (b) processing administration information for the digitalasset, including an asset identifier and a rights-holder identifier; (c)associating the administration information with the digital asset; and(d) interacting with a digital asset management system to generate amodified version of the digital asset, the modified version of thedigital asset being based on the administration information and trackinghistory information provided by the digital asset management system; (e)posting the modified version of the digital asset to a location suitablefor download by client devices from the electronic network distributionsystem.

In this fashion, the digital asset is configured in a manner such that atracking history can be maintained by the digital asset managementsystem of each transfer of separate instantiations of the digital assetbetween peer devices coupled to the electronic network distribution.

Another aspect of the present invention concerns a method of exchangingdigital assets over a network and includes the steps of: (a) storing adigital asset on a first computer coupled to the network, which digitalasset includes both digital content and a first unique identifierassociated with a first instantiation of the digital asset; and (b)coupling the first computer to a second computer over the network; and(c) creating a second instantiation of the digital asset, including asecond unique identifier; (d) storing the second instantation of thedigital asset at the second computer.

Still a further aspect of the present invention is directed to a methodof managing transfers of digital assets over a network, and includes thesteps of: (a) coupling a digital asset management computer to thenetwork; and (b) providing a digital asset to the digital assetmanagement computer; and (c) providing a set of distribution rules forthe digital asset; and (d) preparing a modified version of the digitalasset for transfer over the network in accordance with the set ofdistribution rules, the modified version including a uniqueidentification number associated with a first instantiation of themodified version of the digital asset; and (e) tracking transfers of thedigital asset over the network. With this inventive process, a separateinstantiation of the digital asset is created for each transferoccurring over the network, thus facilitating accurate tracking,accounting and security for such asset.

Yet another object of the present invention is directed a more detailedmethod of providing a digital asset for distribution including the stepsof: (a) preparing a digital asset for distribution over an electronicnetwork, the digital asset including digital content that is associatedwith a digital rights holder; (b) providing a serial number for thedigital asset, the serial number being uniquely identified with a firstintroduction of digital asset for distribution within the electronicnetwork; and (c) embedding the serial number within the digital asset soas to generate a first instantiation of the digital asset suitable fordistribution over the electronic network; and (d) placing the firstinstantiation of the digital asset in one or more locations accessibleby users of the electronic network; and (e) providing a list of the oneor more locations so that the users of the electronic network can locatethe first instantiation of the digital asset; (f) updating a transactiondatabase associated with the digital asset to reflect an occurrence ofthe first instantiation of the digital asset; (g) updating a digitalasset index database with administrative information associated with thedigital asset, including a list of the one or more locations, terms ofuse of the digital asset and category information for the digital asset.Using this inventive method, users of the electronic network can monitorthe digital asset index database before electing to access the firstinstantiation and/or later instantiations of the digital asset.

Another object of the present invention includes a method ofdistributing a digital asset within an electronic network that includesthe steps of: (a) providing an index of digital assets available fordistribution over the electronic network, each digital asset having afirst serial number associated with a first transfer within the network,and including digital content that is associated with a digital rightsholder. The index thus includes a list of one or more locations for thedigital assets, terms of use of the digital assets and categoryinformation for the digital assets. Additional steps performed alsoinclude: (b) providing a second serial number for the digital asset inresponse to a request for a second transfer of a digital asset, thesecond serial number being embedded within the digital asset; and (c)transferring the digital asset from a host server to a client device inresponse to a confirmation of acceptance of the terms of use for thedigital asset; and (d) updating a transaction database associated withthe digital asset to reflect the second transfer of the digital asset.

Accordingly several objects and advantages of the invention include:

Peer-to-peer structure preserved. Assets may be transferred in apeer-to-peer environment. This allows greater transfer performance bydecentralizing distribution and allowing any copy of an asset to becomea source for additional copies. This advantage leads to loweroperational overhead, greater transfer speed, and more robust transfers.Peer-to-peer transaction structures are proving very popular with users.Rights holders are not enamored with such distribution schemes, however,as assets are being acquired without transaction history or rightscompensation. The present invention remedies these shortcomings bycreating transaction records and accountability while preserving theease of use of a peer-to-peer transaction structure. Additionally thestructure of tracking transactions allows the incentivization of hostsin the system by compensating them for hosting transfers, a short comingin the present peer-to-peer structures where only a small percentage ofnetwork participants elect to host asset transfers.

Media agnostic. Since digital media formats are receptive tosteganographic techniques without noticeable quality degradation, assetsmay be distributed in popular media formats. This removes anyrequirements for specialized software or hardware for media playback andallows media to be used in already popular devices and methods andallows portability to playback systems outside the network. Additionallythe present invention may be overlaid on existing ownershipidentification and rights management schemes already present in existingand future media formats.

Flexible transaction terms. Present and proposed file exchange systemsthat provide for compensation terms treat the initial distribution of anasset as the one for which compensation may be obtained and thatcompensation is static. The present invention treats each instantiationof an asset as unique and as such the terms of acquisition can beflexible with respect to time, parties involved in the transaction,prior purchasing, intended usage, etc. Further more any asset can belinked to the specific terms under which it was transferred at any timeby referencing the serial number to the transaction record.

Rights Protection. Since each asset is marked at the time of transfer,ownership is asserted, royalties due can be calculated, and terms of usecan be articulated. These terms can change with each transaction orconditions surrounding the transaction as necessary. Since assets can beidentified by their mark, other naming schemes can be used for indexingor other purposes without affecting or obscuring ownership, royalties,terms of use, or any other parameter that may be associated with theasset or the transaction. Assets both in and out of the system can beidentified through their mark. Furthermore a full transaction historycan be constructed by linking the most recent mark back through thecentrally recorded transaction history. This can be useful for trackingdeviant use or distribution of assets.

From the discussion below it will be apparent that the present inventioncan be used in complementary fashion alongside any of the aforementionedprior art approaches and technologies. Indeed one of the primaryobjectives of the present invention is to work with popular existingmedia formats and media exchange paradigms. Thus, another advantage ofthe present scheme is that preexisting installations and/or implementerscan easily overlay the techniques discussed herein to supplement thefunctionality of such systems.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a block diagram illustrating the basic components of a digitalasset distribution/tracking system configured in accordance with apreferred embodiment of the present invention.

FIG. 2 is a flow chart showing the preferred steps involved to introducea digital asset into a digital asset distribution/tracking systemconfigured in accordance with the preferred embodiment of the presentinvention.

FIG. 3 is a flow chart showing the preferred steps involved to transfera digital asset in a digital asset distribution/tracking systemimplementing the preferred embodiment of the present invention.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENT OVERVIEW

The present invention relates to methods and a system for monitoring thetransfer of digital assets within a network. A preferred embodimentembeds a unique serial number in each instantiation of an MP3 File atthe time of transfer within a peer-to-peer internet based MP3 filedistribution system. This provides a number of advantages explainedfurther below.

Historically the concept of an “original” and a “copy” had real meaningQuality typically degraded as assets were copied outside of themanufacturer's control of originals was the only certain revenue streamto the asset Rights Holder. Technological advances have since allowedduplication of originals without quality degradation or discernabledifferences from those released by the manufacturer. Consequently thepresent inventions use a mechanism for linking assets to Rights Holdersand monetizing every instantiation of that asset. The concept of“original” and “copy” are dispensed with. Transactions and asset pathsare tracked to provide convenient distribution while at the same timeassuring proper compensation for Rights Holders and authorizeddistributors.

Recently peer-to-peer distribution systems have proved very popular,particularly for audio files formatted according to the MP3 standard.They require low overhead by the maintainer and increase access speedsand decrease download times because of the number of choices oflocations from which an asset may be downloaded. The main drawback hasbeen monetizing the transactions and paying royalties to the rightsholders of the digital assets being traded. This is in large partbecause there is no mechanism currently to track the assets as they aretransferred.

More traditional distribution schemes control the distribution of assetsthrough centralized control. This requires more capital investment bythe provider and does nothing to ensure proper rights management oncethe customer has the asset (i.e., later downstream transactions toanother user). Asset origins cannot be traced once the asset has beendistributed to the customer. Furthermore, an entirely centralizeddistribution system does not scale well, and cannot exploit the manybenefits of a peer to peer environment. As explained below, a preferredembodiment of the present invention retains the advantages of apeer-to-peer distribution while marking each distributed asset for lateridentification at the time of transfer, linking the asset to specificusage rights, and providing for royalty compensation to the RightsHolder of the asset.

New peer-to-peer distribution schemes are beginning to emerge thatincorporate digital rights management. However these schemes rely onencrypting the assets or the adoption of new proprietary (and backwardsincompatible) asset formats by customers in order to provide rightsmanagement. A preferred embodiment of the present invention avoids thesepitfalls while retaining the advantage of distributing assets in animmediately useful and popular format by using steganographic techniquesto mark each asset without impairing its playback quality, or itsusability across a variety of preexisting hardware and softwarecomputing platforms.

Steganographic techniques have been used in the past in a limitedfashion to watermark assets to identify ownership. Typically this isdone at the time the asset is formatted for the purpose of ownershipenforcement. Steganography has also been used in some applications tohide information within assets. In a preferred embodiment of the presentinvention steganography is used in an entirely unique fashion to trackdigital assets through intelligent marking These markings mark an assetin such a way as to not degrade its quality, and provide a means oflinking that asset to a transaction record. Furthermore, the mark isembedded in such a way that removing or altering it in a non-detectableway is difficult. This new use of steganography techniques, therefore,allows a rights management system to be employed with existing formatsand transaction methods.

One key purpose of the present inventions is to allow individualcustomers to trade digital assets with each other while compensatingrights holders for their work. The described system allows each asset tobe identified and tracked (preferably) at the time the asset istransferred. While the described preferred embodiment describes a systemfor trading MP3 files in a peer-to-peer environment many otherconfigurations of assets and networks are possible.

Structure of the Preferred Embodiment

A preferred embodiment of a digital asset distribution/tracking system100 constructed in accordance with the present inventions is illustratedin FIG. 1. The system is composed of several components including aNetwork 102, through which a number of separate Network Connections 104are provided to a System Network Device 106, a Rights Holder NetworkDevice 108, a Host Server Network Device 110, and a Customer NetworkDevice 112. It will be understood by those skilled in the art that othercomponents may be connected to Network 102, and that not all connectionsshown need to be active at all times. There are also several softwarecomponents associated with the aforementioned network-connected devices,including an Asset Index 114, a Transaction Database 116, a SerialNumber Assignment module 118, a Serial Number Reconciliation Module 120,a Rights Holder Module 122, and Client Server modules 124 and 126.

Network 102 is preferably the Internet, but could be any implemented inany variety of commonly used architectures, including WAN, LAN, etc.Network Connections 104 are conventional dial-up and/or networkconnections, such as from analog/digital modems, cable modems, etc.,between any conventional network device and an Internet Service Providerin combination with browser software such as Netscape Navigator,Microsoft Internet Explorer or AOL. In most applications, Rights HolderNetwork Device 108 and Customer Network Device 112 will be typicallypersonal computers, while the System Network Device 106 and Host ServerNetwork Device 110 are typically network servers. Of course, otherstructures and architectures may be more suitable on a case by casebasis for any particular implementation of the present inventions, andso the present inventions are not limited in this respect.

Software elements of the present invention typically will be customtailored for a particular application, but preferably will include somecommon features, including the following.

Operating on System Network Device 106 are the following softwareroutines and/or supporting structures, which implement a form of digitalasset management. First, an Asset Index 114 contains a list of digitalassets available on the network organized and searchable by Title,Artist and other attributes as determined by customer popularity, systemadministrative requirements, and the like. A Transaction Database 116contains information about each transaction that takes place withinsystem 100 with a serial number primary key linked to such informationas asset, rights holder, time of transfer, length of time of transfer,customer, host of transfer, terms in effect at time of transfer, etc. ASerial Number Assignment Module 118 doles out unique serial numbers inresponse to a transaction request. A Serial Number Reconciliation Module120 receives assigned Serial Numbers from Serial Number AssignmentModule 118 and reconcile them with completed transaction updates fromcustomers. A Serial Number Reconciliation Module 120 periodicallyassesses transfer completion performance based on open and closedtransactions associated with transaction hosts and the time it took fortransactions to complete.

On the Rights Holder Network Device 108, a Rights Holder Client module122 communicates with Serial Number Assignment Module 118 and SerialNumber Reconciliation Module 120 to allow a rights holder to introducean asset in to the system. As used herein, a rights holder refers to anentity that has at least some ownership interest in some form of contentto be disseminated within system 100, and who wishes to be compensatedin some fashion for distribution/use of such content in accordance witha set of distribution rules (discussed later). In this regard, RightsHolder Network device 108 may be shared by any number of individuals,corporations, etc., who wish to introduce content to system 100.

On Host Server Network Device 110 a Client Server module 124 allows twoparties involved in a transaction to transfer an asset between them overnetwork 102. This device further acts as an initial repository and lateraccessible download site, if desired, for introductions of digitalassets.

System Network Device 106 further includes an Accounting Module 126 toreconcile accounts of the Rights Holder, Host, and Customer after thecompletion of each transaction. It is expected, for example, that someor all of such entities may share in the compensation charged for eachtransaction according to some tailorable formula. This module alsocalculates transaction performance characteristics such as time oftransfer, volume of transfers, and percentage completion for the Hoster,Customer, Rights Holder, and the individual digital asset, whichinformation may be periodically updated in Index 114 and TransactionDatabase 116.

It will be apparent to those skilled in the art that this is not theentire set of software modules that can be used, or an exhaustive listof all operations executed by such modules. It is expected, in fact,that other features will be added by system operators in accordance withcustomer preferences and/or system performance requirements.

Operation of the Preferred Embodiment

As seen above, a system 100 is essentially a type of commerce system forpeer-to-peer transactions of MP3 format music files. There are two majorprocesses involved in its operation, as well as a number of secondaryoperational processes discussed further below. The first primary processinvolves introducing assets for sale or trade in to the system. Thisprocess is outlined in FIG. 2. The second primary process involves theactual purchase, trade and tracking of music files within the system.This process is outlined in FIG. 3.

Introducing Digital Assets

As illustrated in FIG. 2 the first step 210 to introducing a digitalasset into an electronic network distribution system is for a RightsHolder (or other authorized party) to prepare or acquire an MP3formatted music file (or some other digital content) for introductioninto system 100. Such digital content may arrive from any number ofdifferent sources, and through various delivery mechanisms, includingfixed media, standard wire based connections, wireless connections, etc.Moreover, while the preferred embodiment is beneficially used with anMP3 based file system, the present invention is not limited in thisrespect. Any number of well know types of electronic content can be putinto suitable form for distribution within system 100.

In step 212 the Rights Holder runs a copy of the Rights Holder software122 on Rights Holder Network Device 108 to provide a Serial NumberAssignment Module 118 on System Network Device 106 with identifyinginformation about themselves and indexing information for the content(file) to be introduced. Typically this information would include allthe information that might be useful for indexing the asset within Index114.

For example:

-   -   performer/artist    -   producer/agent    -   label    -   writer/creator    -   description    -   title

Terms of use information governing the transactions would also beincluded such as terms and expiration. Administrative information couldalso be included such as an Asset Identifier, a Rights HolderIdentifier, and a copyright registration number or the like. The RightsHolder software would receive back an Asset Identifier, a Serial Number,and an Offset. Other types of information and variations on the abovewill be apparent to those skilled in the art from the present teachings.For instance, it may be useful to provide a pointer or URL with thecontent which specifies a network accessible database providingadditional historical, biographical, and trivia data concerning theasset or its creators.

Furthermore, it may not be necessary in all cases for a Rights Holder toprovide explicit information for each separate asset introduced. Inother words, it is possible that Rights holders can specify a set ofimplicit distribution rules in advance, so that some distributionsystems will only require a minimal set of final distribution rulesbefore the asset can be introduced.

In step 214 an Asset Identifier is preferably placed in an obviouslocation within the MP3 music file itself—most preferably in thecomments section of a tag portion of such file, or in an extended titlefield, or even pre-pended to such file. The Asset Identifier includes anOffset; the Offset specifies where to place a Serial Number in the MP3file being marked, using steganographic techniques. A preferred approachis to use the Offset to specify a valid frame and word count within theMP3 file to begin the marking. The Serial Number is then encoded one bitat a time in the least significant bit of successive data words untilthe entire Serial Number is encoded. The frame CRC, if present, is alsomodified to reflect a new CRC for the frame.

It should be remembered that these are simply preferred approaches forthe embodiment described herein, and that many other suitable variationsare possible for any particular application. For instance, the Offsetmay not be needed in some cases because it can be set to some defaultvalue for a particular rights holder, or even randomly generated at thetime of transfer. The Offset could also be encrypted, and/or bereferenced with respect to some other identifying point within the file,such as an object contained therein. These are but examples of course,and the present invention is not limited to any particularimplementation.

Furthermore, for some types of content, it may be possible to identifynon-critical or blank data areas that are more appropriate forsteganographically embedding the Serial Number. Other variations andmodifications will be apparent to those skilled in the art.

In a preferred embodiment, the Offset and (at least initial) SerialNumber are preferably provided by the System Network Device 108, butcould be provided by Rights Holder Network Device 108 in someapplications. Similarly, Asset Identifiers may be automaticallygenerated without requiring specific input from a rights holder. In step216 the marked file, representing a modified version of the original MP3file, is placed on a Host Server 110 within system 100 as the initial(first) instantiation of a digital asset that now can be transferred andeasily tracked. While shown as a separate device, Host Server 110 couldbe the Rights Holder Network device 108 itself, a third party serviceprovider device, any customer device within the system, or anycombination of such devices. Similarly, System Network Device 106 isshown as a separate system, but, again, in some applications could beintegrated in some form as part of Rights Holder Network Device 108and/or Host Server Network Device 110.

At step 218 Rights Holder module 122 interacts with and provides SerialNumber Reconciliation Module 120 at System Network Device 106 with thelocations on which the digital asset may be found, including at one ormore separate network accessible Host Server Network Devices 110. Thelatter device may be connected to Network 102, and/or may provide otherdata paths for downloading files across some other transmission medium,such as a wireless network.

In step 220 Serial Number Reconciliation Module 120 then updatesTransaction Database 116 with any information provided to Serial NumberAssignment Module 118 during step 212.

In step 222 Serial Number Reconciliation Module 120 updates Index 114with appropriate category listings, terms of use, and servers 110 onwhich the digital asset may be found for the digital content (MP3 musicfile) introduced.

At this point, therefore, the Rights Holder Network Device 108 hassuccessfully completed any material steps for introducing a digitalasset for distribution. As created, this digital asset can be downloadedby any number of peer devices 112 and subsequently tracked by a digitalasset management system as transfers take place within system 100.

While not explicitly shown or described herein, the details of thevarious software routines, executable code, etc., required to effectuatethe functionality discussed above are not material to the presentinvention, and may be implemented in any number of ways known to thoseskilled in the art.

Transfers of Digital Assets to/between Peer Devices

Much more common, of course, will be customer transactions as documentedin FIG. 3. Beginning in step 310 a customer uses their copy of ClientServer module 124 to browse an Index 114 resident on System NetworkDevice 106. As alluded to earlier, the Customer Network Device 112 canconnect to Network 102 in any number of different ways, includingthrough land-based and wireless channels. To obtain access to SystemNetwork Device 106, a user first sets up an account in any conventionalfashion, including with user identification information, user chargeaccount information, and other similar data.

After reviewing Index 114, a user than makes a selection of a digitalasset to acquire in step 312. This step also preferably includes areview and acknowledgement of at least some portions of the set ofdistribution rules associated with the selected digital asset, includingthe terms of use, before proceeding to further steps. Again, Index 114is shown as being located at System Network Device 106, but it may beconveniently placed at other locations for perusal.

Based on indexing information for the selected digital asset, severalhost options may be presented to the customer and may include anylocation that is available to transfer the selected asset includingRights Holder Network Device 108, 3rd party hosters (such as Host Server110), System Network Device 106, and/or other customer network devices112. In another variation, to further enhance the usability of system100, the user can also be presented with various additional options fordownload, so that, for example, a first connection to Network 102 mightbe used for browsing/selecting assets, while a separate connection(Internet, wireless, cable based, etc.) is used for downloading theactual assets. This would further allow data traffic to/from customersand download sites to be managed and divided intelligently according tocost, availability of bandwidth availability, etc. For instance a usercould employ a hand held PDA device 112 having access to a narrowbandchannel for selecting a particular item, and then indicate that anactual download of the digital asset to a separate customer networkdevice 112′ be done using a relatively high speed broadband connection.

In step 314 Client Server module 124 gets the location of host and assetidentifier information from Index 114 which correspond to a selecteddigital asset (MP3 music file) to be downloaded. Accordingly, at thispoint, a proposed data path is established for a new transactioninvolving a transfer between two separate computers coupled to network102, of a particular instantiation of a digital asset, including in apeer to peer fashion between two client devices 112. For ease of use,the setup and transfer may be performed by either or both of suchdevices.

As noted earlier, a first instantiation of the digital asset is createdbased on an original offset and serial number embedded within thedigital content. To allow for tracking of the particular transfer, a newinstantiation of the digital asset is made. In step 316 Client Servermodule 124 gets a new serial number and new offset for this transactionfrom the Serial Number Assignment Module 118. The new serial number andnew offset are used to create a unique instantiation of the digitalasset for the particular transaction. Thus, instead of merely copyingthe digital content as part of the transfer, the present inventioncreates a separate instantiation to facilitate tracking of each transfer(or transaction) within system 100.

In some applications where security and accounting is not as critical(or can be remedied by other mechanisms consistent with the presentteachings) it is possible that actual separate instantiations of thedigital asset might not be required. Instead, it might be more practicalto simply track the point-to-point movement of a digital asset acrossnetwork between one or more Customer Network devices 112, and/or HostServer Network Device 110.

Serial Number Assignment Module 118 also preferably passes on suchdetails as:

-   -   serial number    -   customer identifier    -   asset identifier    -   agreed to terms of use host identifier        to Serial Number Reconciliation Module 120 which will keep these        items until step 328 or a routine clean up should the        transaction never complete.

In step 318 Client Server module 124 on Customer Network Device 112contacts corresponding Client Server module 124 on Host Network Device110 to begin the process of transferring the file. As mentioned earlier,it is not necessary that such actual file transfer occur over the samechannel/session, or even the same network 102.

In step 320 Client Server module 124 at Host Server Network Device 110sends tracking information to Serial Number Reconciliation Module 120such as:

-   -   customer identifier    -   host identifier    -   new serial number    -   old serial number    -   asset identifier

The Serial Number Reconciliation Module records this trackinginformation along with a time stamp for further use during step 328.Again, it should be emphasized that these items for the trackinginformation are merely illustrative of the various kinds of usefulinformation that can be maintained, and other examples will be apparentfrom the present teachings. It is expected, in fact, that the precisetypes of information to be maintained will vary significantly fromapplication to application.

In step 322 Host Server Network Device 110 sends the selected digitalasset to the customer using any desired standard file transfer method(including conventional internet file transfer techniques) which couldinclude a mechanism for recovery/completion of the transaction if thetransfer is incomplete.

At the completion of the transfer, Host Server Network Device initiatesstep 324 by contacting Serial Number Reconciliation Module 120 to reportcompletion of the transfer or its abandonment and the reasons for such.This may be as simple as reporting just the new serial number but mayalso include information about the process of the transfer itselfincluding number of transfer attempts, interruption information etc.Serial Number Reconciliation Module 120 the (optionally) adds a timestamp to the tracking information and saves it for step 328.

At step 326 Customer Client Server module 124 marks the digital assetfile with the new serial number and offset preferably using the samesteganographic technique described above in connection with FIG. 2, andthen stores the digital asset in a form suitable for later retrieval andplay on the user's system. Accordingly, at the end of the transfer, asecond instantiation of the digital asset has been completed and storedfor later transfer to yet another customer if desired.

Customer client server module 124 also contacts Serial NumberReconciliation Module 120 in step 328. It reports the transaction asbeing complete and also indicates whether and where the secondinstantiation of the digital asset can be found for transfer to othercustomers in system 100. Serial Number Reconciliation Module 120 timestamps this transaction.

In step 330 Serial Number Reconciliation Module 120 wraps up thetransaction. An entry is made in Transaction Database 116 including suchtracking information as:

-   -   new serial number    -   old serial number    -   customer identifier    -   host identifier    -   terms agrees to by the customer    -   asset identifier

Of course, other databases may be updated including a customer database(not shown) that may indicate account status and a host database (notshown) that may indicate quality and volume of the transactionsinvolving that particular host.

In step 332 Index 114 is updated to reflect whether the customerindicated that they are becoming a host for this digital asset.

As a final step 334 accounting tasks are performed by Accounting Module126. This could include crediting the account of the Rights Holderaccording to the agreed upon transfer terms, crediting the account ofthe transaction host, and debiting the account of the customer thatreceived the transaction. Other conventional accounting operations canalso be performed in accordance with the needs and options desired for aparticular implementation.

As with the digital asset introduction software modules, the varioussoftware routines, executable code, etc., required to effectuate thefunctionality discussed above are not material to the present invention,and may be implemented in any number of ways known to those skilled inthe art.

Other Features & Variations of Present Invention Rogue Assets and AssetMonitoring

In another variation of the present invention, detection of “rogue”assets is performed prior to transfers. By this it is meant that a firstcustomer may attempt to download a digital asset from a second customer,and in the process of doing so, System Network Device 106 may detectthat there is no appropriate tracking record reflecting a priorauthorized transfer to such second customer. Should a rogue asset beuncovered it can be analyzed to determine what asset it is (assetidentifier, name, performer etc). At that point it can be searched forthe embedded serial numbers that will lead to a complete transactionhistory for the asset when it was legitimately transferred. The lastlegitimate transaction can indicate where the asset escaped the system.To prevent further unauthorized transactions, appropriatecountermeasures can be taken; for instance, the second customer's accessprivileges may be suspended or eliminated. At the very least, the sourceof the rogue asset would have to explain how it came in to theirpossession, and such actions are likely to inhibit further unauthorizeddisseminations of digital content. Furthermore, since a completetransaction histories are kept for each digital asset, it is notpossible for users to simply extract proprietary content without beingheld accountable for their actions. In contrast, in existingdistribution schemes, it is essentially impossible to determine theorigin of unauthorized distributions. Furthermore, the present system issufficiently flexible in that it may still allow a “rogue” assettransfer to be completed by simply converting it to an authorizeddigital asset with new tracking information. In this manner, the user'sexperience is not burdened by such monitorings, and in particular, thefirst user is not burdened with the task of determining the legitimacyof assets made available within system 100.

As a further enhancement to the system, proactive asset monitoringmeasures can also be taken. Possible repositories of assets can besearched and the assets checked for legitimacy following a similarapproach to that outlined in the previous paragraph.

Distributed Index in Peer to Peer Implementations

As described above, system 100 has a centralized index 114 at SystemNetwork Device 106. In another variation, System 100 could also beimplemented in a more true peer to peer fashion with Client Servermodule 124 including additional software that can catalog the MP3 musicfiles it has local access to, as well as poll “nearby” Client Servers ofother customers' network devices 112 for MP3 file attributes it islooking for, thus creating a form of distributed index 114.

Accounting Module Variations

Accounting Module 126 is also a centralized system that providesaccounting functions for system 100. Some implementations could becoupled with a third party accounting system or a peer-to-peeraccounting method. Furthermore, some implementations may not require anaccounting module at all.

Similarly, in system implementations where centralized management is notdesirable or possible, Client Server module 124 could pass alongadministration information with asset transfers while maintaining alocal transaction database equivalent of centralized transactiondatabase 116. An accounting of transfers and transactions could then bemade on a periodic basis by having an accounting server check the localtransaction databases of client network devices, or having such devicesreport their own records to such servers. This variation, therefore,uses a kind of electronic “meter checking” to monitor usage, downloads,etc.

Thus, as is evident from the above, a primarily peer-to-peer transactionsystem can be built that allows exchange of existing formats whiletracking licensing, royalties, and providing rights management.

Serial Number variations

The preferred embodiment uses Serial Numbers that are assigned centrallyin a random unique way. Serial Numbers could also be generated eithercentrally or local to the transaction and guaranteed uniqueness byaggregating information unique to the transaction; for example: the hostid, customer id, asset id, and time of transaction.

Asset Introduction variations

Although in the preferred embodiment Rights Holders introduce theirassets into system 100, this is not required to exploit the benefits ofthe inventions herein. So, system 100 will easily accommodate digitalassets introduced by parties other than the Rights Holder, as long asthere is some additional mechanism for identifying and attachingappropriate rights to such assets. This can be done through any numberof conventional programming techniques known to those skilled in theart.

Customer Network Devices

As noted earlier, a Network device (including Customer Network Device112, Rights Holder Network Device 108, System Network Device 106 and/orHost Server Network Device 110) need not be constantly connected tonetwork 102 to be a part of system 100. In fact, in many cases, CustomerNetwork Device 112 users do not stay connected at all times to theirISP. Transaction information and requests could be stored up on suchdevices for transmittal at an appropriate future time with the necessaryresources. Thus, deferred or time-divided transfers are also easilyeffectuated within the parameters of the present inventions.

In another variation, a Network Device might work with multiple digitalasset management systems 100 on the same or different networks 102. Inother words, different markets or environments could be used todistribute different types of digital assets based on differentdistribution rules and in accordance with the present teachings.

In a further variation, a network device may be able to move digitalassets singly or in bulk according to a set of distribution rulesbetween different digital asset distribution/tracking systems. Forexample, musical tastes tend to start in certain geographic areas andthen migrate to others. The top 10 favorite music pieces from onegeographic region for a particular demographic group could thus beautomatically transferred on a regular basis as part of a “stocking”routine at Rights Holder Network Device 108 to ensure popular supportfor the system.

In some instances, a user of a network device 112 can also elect toperform hosting functions. In exchange for supporting such transfers,the user can be given some form of credit/reimbursement/discounts fromthe digital asset management system for all authorized transfers made ofdigital assets. Ratings for various peer based hosts can also bemaintained to increase the popularity and appeal of system 100.

In another application of the present invention, customer network device112 may comprise a form of digital jukebox or kiosk located at aphysical facility such as a restaurant, a bar (or similar entertainmentestablishment) or it could even be integrated as part of an airplane(transportation) seat entertainment system. The digital jukebox storesand presents content for selection to prospective customers in anynumber of conventional ways. For example, a conventional monitor,display, etc., can provide album, artist, song information visually to auser. Selection of a particular track can be made using any number ofconventional mechanisms, including touch screens, keypads, buttons, etc.A conventional debiting system (coin or credit based) is used forcollecting payment from the user. After verifying payment and selection,the digital jukebox preferably creates yet another instantiation of thedigital asset chosen by the user, and such information is again trackedby system network device 106. In this fashion, a versatile, easilymodified digital jukebox with access to a wide variety of content can beimplemented in a variety of facilities. This application may bedesirable where it is desired to minimize investment in fixed media(such as CDs, Records, tapes, etc.) which rapidly become obsolete due tochanging tastes, and which require a fixed capital investment on thepart of the proprietor.

Furthermore, client server 124 of the digital jukebox itself may includea centralized computer that is accessed by a number of distributedaccess nodes (not shown) at any particular facility. For instance in acasino, healthclub, or similar establishment a variety of fixed stationscan be presented with trackable content (i.e., visually on a screen oraudibly through a speaker, headphone or earphone) to a particular userto enhance his/her experience in a particular forum. This approach isalso advantageous in mass transportation systems, such as airplanes,trains or cruise ships, and can be integrated within a personalizedpassenger seat entertainment system. Furthermore, from the perspectiveof digital rights holders, this approach may be attractive because thepossibility of unauthorized accesses is greatly reduced in suchcontrolled facilities.

To further augment the capabilities and attractiveness of this approach,a mechanism for providing music samples can be included as well, toincrease likelihood and ease of use for the customer. For example, asmall speaker, headphone or earphone is used as an output device, and ina fashion so as to not interfere or be disturbed by a main audio outputprovided by the digital jukebox. While such types of sampling areprovided by some online sites (such as Amazon for example) theapplicants are unaware of any such functionality provided at a physicalfacility in a digital jukebox.

In yet a further variation, the customer network device 112 can beimplemented in the form of a digital vending machine, or a similararchitecture suitable for hot-docking a phone, an MP3 player, or thelike. For example, a number of conventional hand held devices nowutilize memory stick technologies from a variety of vendors. Byincluding some programming functionality in a digital vending machine, auser can select, store and/or play content on a portable personaldigital appliance by modifying a modular memory device used by suchappliance. Similarly, many hand held devices (including MP3 players)include standardized bus interfaces, including USB types, Firewire, etc.By including such bus on a digital vending machine, programming contenton such hand held devices also becomes possible.

Digital Assets

Although the described preferred system 100 is optimized for transactingMP3 music files, as used herein, the term “digital asset” is intended inits broadest sense to encompass any number of different types ofcontent, items (or electronic proxies for physical items) that can bedistributed electronically. For instance, the present inventions couldalso be applied to other audio formats, video, pictures, interactivegames, virtual experiences, programs, instruction sets, e-mail,webpages, advertisements, text (newspapers, books, op-ed pieces,articles and similar human readable media), etc. In other environments,digital assets could also be a form of electronic proxy and thusrepresent tangible goods such as merchandise to be delivered,merchandise redemption tickets, periodical products, etc. Similarly,Rights of use products can also be represented as digital assets such asevent entry, time-share slots, pay per view, club membership, carrental, accommodation, travel, restaurant reservations, etc.Subscription products can also be represented as digital assets such asproduct of the month, magazine subscriptions, vacation clubs etc.Service products can also be represented such as car washes, haircuts,auto service, shipping, telephone service, house cleaning, etc.Financial products can also be represented as digital assets such asinsurance, financial asset certificate, mortgages, loans, futures,income streams, digital cash, credit, dividends, etc. Commitments canalso be represented as digital assets such as mortgages, loans, rent,short sales, subscriptions, etc. A variety of asset types could bemanaged by the same system simultaneously. Different products could alsobe combined in to a single digital asset. Accordingly, the presentinventions are expected to enable a wide variety of unique, useful andpopular electronic market/distribution communities because theprinciples are easily extended to a wide variety of tradable items.

Steganographic Variations

While the preferred embodiment discussed above uses a steganographictechnique for embedding a serial number in an MP3 file, there are manyother approaches that could accomplish this same function. Furthermore,it is expected that the particular mechanism used to provide andassociated serial numbers will be different from application toapplication, because various digital asset formats are receptive todifferent approaches.

In addition, as alluded to earlier, digital asset serial numbers couldbe prepended or postpended; alternatively, unused portions of thedigital asset could be used to store the serial numbers. Finally, amodified format for a digital asset could be created to accommodate theserial number, such as new variation of an MP3 file, MPEG file, etc. Forexample, one or more standards groups or industry groups may utilize aform of digital asset that includes fields intended to accommodate aserial number.

Tracking Variations

The preferred embodiment embeds successive serial numbers in the mediafile in different unique locales for each instantiation of the digitalasset, in a kind of passport-stamping approach This makes it harder toremove traces of the transaction history and easier to identify thetransaction history, including all transfers occurring over the network,should the need arise. However in some cases the particular media for adigital asset may be better suited to storing only one or a limitednumber of serial numbers. In such cases the entire transaction historycan be reconstructed by recovering a single serial number since eachtransaction references the serial number of the previous transfer, anddatabase 116 maintains a record of each transfer.

The preferred embodiment describes the process of asset exchange byreferring to the serial number as being linked in a one to onerelationship with a transaction, and having a value based in somefashion on the characteristics of the transaction. Nonetheless, inanother variation, it could just as easily be structured around the oneto one relationship of the serial number and every instantiation of anyasset, so that the serial number has a value based in some fashion onthe characteristic of the digital asset.

Network Variations

System 100 described in the preferred embodiment makes use of a network102 (preferably the internet) as well as a variety of network devicessuch as personal computers, and servers. System 100 could just as easilybeen described on any network 102 to which network devices and storagedevices are attached. Possible devices include PDA's, cell phones, smartappliances to name a few. Possible networks include private networksystems and future public network systems using cable, telephone,optical, wireless, fiber, and other pipe and broadcast technologies.

It can be seen quite clearly that the present inventions provide anadditional measure of flexibility in managing digital assets within aparticular distribution environment. It is no longer impossible toachieve the dual aims of both security for the rights holder, and easeof use for the end user. By permitting digital assets to be easilytransacted in an open environment, and without cumbersome proprietaryformats, the usability and attractiveness of a digital assetdistribution network is considerably enhanced. The present inventionachieves such goals by making the process easy for the various relatedentities and by operating in the background or in a transparent fashionthat does not impede the utility and security of the overall system. Incontrast to prior art systems which simply allow wholesale copying ofdigital assets without accountability, the present invention alsoaddresses the needs and concerns of digital rights holders to ensuretheir participation and ultimate success of the system.

Although the present invention has been described in terms of apreferred embodiment, it will be apparent to those skilled in the artthat many alterations and modifications may be made to such embodimentswithout departing from the teachings of the present invention. Othertypes of components beyond those illustrated in the foregoing detaileddescription can be used suitably with the present invention. Similarly,descriptions of many common components usable with the inventions andknown to skilled artisans have been omitted so as to not obfuscate thepresent teachings. Accordingly, it is intended that the all suchalterations, modifications and additions be included within the scopeand spirit of the invention as defined by the following claims.

Finally, it should be noted that the Title and Abstract of the presentdisclosure have been provided solely to satisfy certain U.S.governmental administrative requirements, including the indexingrequirements of 37 C.F.R. 1.72, and for no other purpose. As such, suchportions of the present disclosure should not be relied upon forinterpreting and/or limiting the scope of the present claims.

What is claimed is:
 1. A digital asset management system comprising: atleast one processor; and at least one memory device operatively coupledto at least one of the at least one processor and having computerreadable instructions stored thereon that, when executed by at the leastone of the at least one processor, causes the at least one of the atleast one processor to: make a first digital asset of a first type ofasset available for access by a first client device that is associatedwith a first user based at least in part on an authorization generatedfor the first user, wherein the first type of asset includes a useridentification associated with the first user and an assetidentification, is associated with a tracking record of the systemindicating an authorized transfer of the digital asset to the firstclient device, and is transferable by the first user from the firstclient device to a second client device associated with the first userwithout additional authorization; detect a second digital asset of asecond type of asset stored on the first client device, the second typeof asset being characterized in that it is not a first type of asset andnot associated with a tracking record of the system indicating anauthorized transfer of the second digital asset to the first clientdevice; and make available to a receiving client device associated withthe first user a third digital asset corresponding to the second digitalasset, wherein the third digital asset is a first type of asset.
 2. Thesystem of claim 1, wherein making the first digital asset available foraccess by the first client device comprises providing locationinformation of the first digital asset.
 3. The system of claim 1,wherein making the first digital asset available for access by the firstclient device comprises transferring the first digital asset to thefirst client device.
 4. The system of claim 1, wherein the receivingclient device is the same device as the first client device.
 5. Thesystem of claim 1, wherein the third digital asset is transferable fromthe first client device to a second client device associated with thefirst user based at least in part upon detection of the second digitalasset on the first client device.
 6. The system of claim 1, whereinmaking the third digital asset available to the receiving client deviceis based at least in part upon detection of the second digital asset onthe first client device.
 7. The system of claim 1, wherein the firstdigital asset includes content and at least one other portion, and theat least one other portion includes the user identification and theasset identification.
 8. The system of claim 1, wherein making availableto a receiving client device associated with the first user a thirddigital asset corresponding to the second digital asset is in accordancewith at least one distribution rule provided by a rights holder.
 9. Thesystem of claim 8, wherein the at least one distribution rule is notstatic.
 10. The system of claim 1, wherein the instructions, whenexecuted by at the least one of the at least one processor, furthercause the at least one of the at least one processor to require receiptof an acceptance of terms of use from the user before making availablethe third digital asset.
 11. A method for managing digital assets, themethod comprising: making a first digital asset of a first type of assetavailable for access by a first client device that is associated with afirst user based at least in part on an authorization generated for thefirst user, wherein the first type of asset includes a useridentification associated with the first user and an assetidentification, is associated with a tracking record of the systemindicating an authorized transfer of the digital asset to the firstclient device, and is transferable by the first user from the firstclient device to a second client device associated with the first userwithout additional authorization; detecting a second digital asset of asecond type of asset stored on the first client device, the second typeof asset being characterized in that it is not a first type of asset andnot associated with a tracking record of the system indicating anauthorized transfer of the second digital asset to the first clientdevice; and making available to a receiving client device associatedwith the first user a third digital asset corresponding to the seconddigital asset, wherein the third digital asset is a first type of asset.12. The method of claim 11, wherein the making a first digital asset ofa first type of asset available for access by a first client devicecomprises providing location information of the first digital asset. 13.The method of claim 11, wherein the making a first digital asset of afirst type of asset available for access by a first client devicecomprises transferring the first digital asset to the first clientdevice.
 14. The method of claim 8, wherein the receiving client deviceis the same device as the first client device.
 15. The method of claim11, wherein the third digital asset is transferable from the firstclient device to a second client device associated with the first userbased at least in part upon detection of the second digital asset on thefirst client device.
 16. The method of claim 11, wherein the makingavailable to a receiving client device associated with the first user athird digital asset corresponding to the second digital asset is basedat least in part upon detection of the second digital asset on the firstclient device.
 17. The method of claim 11, wherein the first digitalasset includes content and at least one other portion, and the at leastone other portion includes the user identification and the assetidentification.
 18. The method of claim 11, wherein the making availableto a receiving client device associated with the first user a thirddigital asset corresponding to the second digital asset is in accordancewith at least one distribution rule provided by a rights holder.
 19. Themethod of claim 18, wherein the at least one distribution rule is notstatic.
 20. The method of claim 11, further comprising requiring receiptof an acceptance of terms of use from the user prior to making availablethe third digital asset.
 21. At least one non-transitory computerreadable media having computer readable instructions recorded thereon,which when executed by at least one processor cause the at least oneprocessor to: make a first digital asset of a first type of assetavailable for access by a first client device that is associated with afirst user based at least in part on an authorization generated for thefirst user, wherein the first type of asset includes a useridentification associated with the first user and an assetidentification, is associated with a tracking record of the systemindicating an authorized transfer of the digital asset to the firstclient device, and is transferable by the first user from the firstclient device to a second client device associated with the first userwithout additional authorization; detect a second digital asset of asecond type of asset stored on the first client device, the second typeof asset being characterized in that it is not a first type of asset andnot associated with a tracking record of the system indicating anauthorized transfer of the second digital asset to the first clientdevice; and make available to a receiving client device associated withthe first user a third digital asset corresponding to the second digitalasset, wherein the third digital asset is of a first type of asset. 22.The media of claim 21, wherein making a first digital asset of a firsttype of asset available for access by a first client device comprisesproviding location information of the first digital asset.
 23. The mediaof claim 21, wherein making a first digital asset of a first type ofasset available for access by a first client device comprisestransferring the first digital asset to the first client device.
 24. Themedia of claim 21, wherein receiving client device is the same device asthe first client device.
 25. The media of claim 21, wherein the thirddigital asset is transferable from the first client device to a secondclient device associated with the first user based at least in part upondetection of the second digital asset on the first client device. 26.The media of claim 21, wherein making available to a receiving clientdevice associated with the first user a third digital assetcorresponding to the second digital asset is based at least in part upondetection of the second digital asset on the first client device. 27.The media of claim 21, wherein the first digital asset includes contentand at least one other portion, and the at least one other portionincludes the user identification and the asset identification.
 28. Themedia of claim 21, wherein making available to a receiving client deviceassociated with the first user a third digital asset corresponding tothe second digital asset is in accordance with at least one distributionrule provided by a rights holder.
 29. The media of claim 28, wherein theat least one distribution rule is not static.
 30. The media of claim 21,wherein the method further comprises requiring receipt of an acceptanceof terms of use from the user prior to making available the thirddigital asset.